Terms & Conditions - One Teaspoon
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AUSTRALIA'S #1 CULT DENIM LABEL

Terms & Conditions

TERMS OF USE

Welcome to www.oneteaspoon.com.au & www.oneteaspoon.com (the Website).  The Website is owned and operated by Pink Factory Pty Ltd, trading as OneTeaspoon (referred to below as One Teaspoon, we and us).

The use of this Website is subject to the following Website Terms, our Online Shopping Terms, our Privacy Policy (/pages/privacy-and-cookie-policies) and any additional terms and conditions and notices displayed by us on this Website from time to time (together "Terms of Use").  In the Terms of Use, "you" and "your" are references to the person accessing or using this Website.

Definitions of words and phrases used in the Terms of Use are set out at the end of this document.

 
WEBSITE TERMS

1. Acceptance of Terms of Use

1.1    The Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website (Website Material).


1.2    By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time. The Terms of Use form a legally binding agreement between OneTeaspoon and you. If you do not agree to the Terms of Use, you must leave the Website and not access or use it again.

 2. Website Material

2.1    The Website Material is derived from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website Material. In particular, whilst care has been taken in creating this Website, OneTeaspoon does not warrant or represent that:

2.1.1     the Website Material is accurate, complete, up to date or suitable for any purpose; or

 
2.1.2    the Website itself is free from any computer viruses or other defects


 3. Suspension of Service

3.1    No representation or warranty of availability. OneTeaspoon does not represent or warrant that your access to the Website will be continuous or uninterrupted.

3.2    Suspension of service:

3.2.1   One Teaspoon may from time to time suspend operation of the Website.

3.2.2   Where possible, One Teaspoon will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website. One Teaspoon does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.


4. Your responsibilities

4.1   When using this Website, you must not:

 

4.1.1   infringe any intellectual property right (including copyright, database right or trade mark right) or the privacy of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

 

4.1.2   reproduce any Website IP (as defined under heading 6 below) without our express written permission, which we may grant or withhold at our absolute discretion;

 

4.1.3   seek reimbursement from any other person for access to the Website or on-sell any information obtained from the Website;

 

4.1.4   engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;

 

4.1.5   submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or

 

4.1.6   interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.

 

4.2   You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Terms of Use.


 5. 
Security

We use our reasonable endeavours to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

 

 6. Intellectual Property

 

6.1 The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Website IP) are the intellectual property of us, our content providers or our licensors, with all rights reserved.

 

6.2 You must not, without our express written permission, do anything, or omit to do anything, which may infringe the intellectual property rights in the Website IP. This includes reproducing any part of the Website or Website IP other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in the Terms of Use.

 

6.3 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to:

 

6.3.1 print a copy of any information contained on this Website for your personal use; and

 

6.3.2 store a copy of the Website Materials on your computer for the sole purpose of viewing the Website Materials, provided that you keep all copyright or other proprietary notices intact.

 
7. Acceptance of risk and release from liability


 7.1   Subject to clause 7.2, you are wholly responsible for your use of the Website and you use the Website at your own risk. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website.

7.2   You may have rights under the Australian Consumer Law in respect of any goods or services supplied to you under or through the Website. If so, our liability to you is limited to, at our election:

7.2.1   in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or

7.2.2   in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.

7.3   Otherwise, to the maximum extent permitted by law, neither One Teaspoon nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any Website Material or otherwise as a result of or in connection with the use of this Website or any Website Material.


 8. 
Links to other websites

The Website may contain links to third party sites. Access to any other internet site linked to the Website is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use.

 
9. Applicable law

9.1   The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of a dispute arising out of, or in connection with, this Website.

9.2   This Website may be accessed in Australia and overseas. OneTeaspoon makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

10. Changes to Terms of Use

 

We may change the Terms of Use at any time. If we do so, an amended version will be posted on the Website. Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, you must discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing the Terms of Use.

 
11. 
Contacting Us

We welcome any suggestions and comments you may have about your experience at OneTeaspoon. Please also contact us if you have any questions about our Terms of Use or any queries or concerns about this Website.

Email                   support@oneteaspoon.com.au
Telephone           (02) 8188 4768 (for callers within Australia)
                            +61 2 8188 4768 (for callers outside Australia)
Post                     One Teaspoon
                            8 Powells Road,
                            Brookvale NSW 2100
                            Australia
 

ONLINE SHOPPING TERMS

These Online Shopping Terms contain important information about the ordering, purchase and delivery of goods sold online by OneTeaspoon to consumers, including limitations of liability. Please contact us (details above) if you have any queries about these terms.



1. General


1.1   These Online Shopping Terms apply to the sale of goods by OneTeaspoon to you on the Website. You will be bound by the Online Shopping Terms when you submit an order through the Website.

1.2   Your rights under the Online Shopping Terms are in addition to, and do not in any way limit, your rights under the Australian Consumer Law which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in these Online Shopping Terms are excluded.

 
2. 
Placing orders

2.1   Orders placed through the Website are an offer by you to purchase the relevant item/s for the price specified on the Website (plus any applicable duties, taxes and delivery fees) at the time the order is placed.

2.2   Each order placed is a separate contract between you and OneTeaspoon for the supply of items under these Online Shopping Terms. Items purchased are for personal and non-commercial use only.

2.3   We reserve the right to accept or reject orders placed with us. If we reject an order, we will let you know why within 5 business days and refund any money that you have paid us.

2.4   Although we make every effort to keep sufficient stock of items listed on the Website, occasionally we encounter unforeseen supply problems or sell out of certain products and sizes due to unexpected demand. If we are out of stock of an item that you have ordered, you will be notified by email. Refunds for out of stock items will be processed as quickly as possible, but may take up to seven business days.

2.5   If we accept an order, that constitutes an agreement by us to supply the items in accordance with these Online Shopping Terms.

2.6   Where you place separate orders with us, these cannot be combined into one.

2.7   Sale items are only available at the sale price during the relevant sale period. 


2.7.1 ”Final Sale” applies to items that have been marked down to clear, marked as “Final Sale” on the product page. Items that are marked with Final Sale are not eligible for return, unless in the event of them being faulty. We recommend choosing carefully to avoid disappointment. 

By purchasing a Final Sale item you agree that the item cannot be returned. If Final Sale items have been returned to One Teaspoon without authorisation, items will be not be credited and can be returned to the sender at the senders cost.


2.8   Pre-orders. Pre-orders are charged at the time of order and are shipped as close to the date provided as possible.  If you order other items at the same time as your pre-order your other items will still be shipped immediately and your pre-order will be shipped separately once your item is in stock.


Please keep in mind the provided shipping date is an estimate.  We will contact you and let you know if the shipping date has been delayed.


If you change your mind about a pre-order please notify Customer Care and we will arrange a store credit for you. 

If for any reason we are unable to fulfill your pre-order we will provide you with a full refund and you will be notified via email.


2.9   Errors in ordering. If you made a mistake with your order, sorry but we are not able to change or consolidate them. 

2.10   Item descriptions and sizing.You acknowledge and agree that:

(a) computer resolutions and monitors may render colours differently to how they appear in real life;

(b) you will check that the description and sizing of items is suitable for your needs before submitting any order; and

(c) any accessories featured with items shown on the Website are for illustrative purposes only unless stated otherwise.

2.11   Website errors. We reserve the right not to honour incorrect offers on the Website that result from genuine human or system errors (including where an item's description, price or image is inaccurate).

2.12   We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfill the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.

 
3. 
Terms of payment

3.1   Prices

Australian Orders

All prices are correct at the time of their online publication, but are subject to change without notice.

All prices listed on this site are in Australian dollars (including GST), and charged to your credit card in Australian dollars. 

International Orders

Your order total is guaranteed at the exchange rate set when your order is placed. Foreign exchange rates are determined by Global E and are based on interbank rates of exchange. These rates correspond with the average aggregate exchange rates that would otherwise be applied in an e-commerce transaction. Exchange rates for oneteaspoon.com are updated by Global E every day. You'll receive a message if exchange rates have been updated while you're shopping.


Pricing on this website may differ from prices available elsewhere.



3.2   Terms of Payment

Items must be paid for at the time of sale or they will not be shipped. We accept all major debit and credit cards such as Visa, MasterCard, American Express and other payments methods such as PayPal.

During the checkout process, the supported payment methods are displayed on screen.Your account is charged once you click Submit Payment at the check out.
Only one credit card can be used for each order.

To ship internationally, we partner with Global-e. Global-e is a trusted global ecommerce vendor whose solution allows us to provide the best possible user experience to our international customers.

Please select your local region/country in the drop down menu in the bottom right corner to see which countries we ship to and select accordingly. This will change the currency on the website. Once you are in checkout, you will see local payment methods and calculations for any appropriate shipping, duties, taxes and other customs fees.



3.3   Store Credit Gift Cards

  • Approved change of mind returns will be refunded via a Store Credit Gift Card.

  • A Store Credit Gift Card will be issued via email address used to place the order and will be valid for 6 months.

  • Store Credit Gift Cards are issued in Australian Dollars converted from your local currency for the amount of the returned item’s total sale price only (does not include duties, taxes or shipping) and will be sent direct to your email address associated with your account.

  • Store Credit Gift Cards can be used in any region internationally. 

  • When redeeming a Store Credit Gift Card, the amount will be subject to an exchange rate conversion set by Global E. These rates are based on interbank rates of exchange and correspond with the average aggregate exchange rates that would otherwise be applied in an e-commerce transaction. 

3.4   Verification

We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfill the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.

 4. Shipping

4.1   Australian domestic orders

4.1.1   Shipping times. With the exception of homewares (see under heading


4.1.3 below), shipping times for domestic orders depend on the method of delivery selected as follows:

(a) Standard shipping: Standard orders are charged at a flat rate of $10.00. Shipping times vary from 3-9 business days depending on your location. For more information or to track an order you have already placed with us call 02 8188 4768 or email support@oneteaspoon.com.au

(b) Express shipping: Express orders are charged at a flat rate of $18.00. Shipping times vary between 1-3 business days depending on your location. For more information or to track an order you have already placed with us call 02 8188 4768 or email support@oneteaspoon.com.au

Shipping times are also subject to clause 4.3 and 4.4 below.

4.1.2   General delivery information:

  • We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.

  • We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

  • Deliveries sent via Australia Post will require a signature upon delivery.

  • You may grant us an 'authority to leave' when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. 

  • If you are having your parcel delivered to a business address, please give all relevant details such as business name, level and/or suite number.

  • Orders are delivered between 8am and 6pm Monday to Friday (excluding public holidays). Deliveries are not available on weekends.

  • After your payment is authorised and verified, it can still take up to two days to process your order. This doesn't include weekends or holidays.

  • In the event that an item in your order is unavailable, the processing time may vary.

  • You will receive a shipping confirmation email with your consignment (tracking) number once your order is ready for shipping. If you have any queries about your delivery after the item has been shipped, please contact the relevant carrier directly with your consignment number.

  • Risk and title to the items purchased by you on the Website passes to you when we provide the items to our delivery agent.

Re-delivery or Refusal

You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: 

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
Failure to accept delivery may result in your items being returned to us. If your items are returned to us your order will be refunded less shipping charges and any reasonable fees incurred. 

4.1.3   Homewares

  • We currently only ship large homewares items (cushions and wall décor) to Australian capital cities and major metropolitan areas.
    Furniture is available for pick up from our warehouse only.

  • Customers outside major metropolitan areas (or who wish to buy furniture) may be able to organise their own courier. Please contact our Customer Care Team before placing your order to confirm whether this is possible.


4.2  International orders – shipped from Australia


4.2.1   General

We ship internationally from Australia.

We currently only ship large homewares items (cushions and wall décor) to Australian capital cities and major metropolitan areas. Furniture is available for pick up from our warehouse only.

4.2.2   Estimated shipping times for international orders

International orders are shipped with DHL Ecommerce or DHL Express depending on what delivery option you select at checkout and what is available in your territory. 

Please see our shipping page for more information and delivery times. (/pages/shipping)

International shipping is charged at a flat rate. Delivery times are a guide only and OneTeaspoon accepts no responsibility for any loss or inconvenience suffered by customers due to any delays in delivery.

See under heading 4.1.2 above for general delivery information.

Click here for more information or to track an order you have already placed with us, using the consignment number sent to you by email when the order is dispatched from our warehouse.


4.2.3   Customs, Import Duties and Fees

Duties and taxes are calculated based on the items ordered, where they were made, your shipment destination and the value of your purchase, and will appear as a separate line item at checkout if not already included in product prices.


Some countries require duties and taxes to be paid upon delivery and they will be the customer’s responsibility.

 

4.3   Sale periods

During busy sale periods, dispatch times for orders may vary up to three weeks. We will post regular updates on shipping delays on the website.

 

4.4   Delivery delays

One Teaspoon is not liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by a change in the delivery timeframes set out above, or any delivery delays.

 
5. 
Returns

5.1   Returns


Subject to the exceptions below, if you are not happy with an item you have received, we will issue you with a Store Credit Gift Card if you return the item to us in the manner set out below. Items cannot be exchanged. We do not provide refunds for incorrect choice or change of mind purchases.

Exceptions:

The following items cannot be returned unless they are faulty:

  • Items marked as Final Sale

  • Earrings (for hygiene reasons)

     - Swimwear if missing hygiene stickers (for hygiene reasons)

Delivery Fees are not refundable.

Click here for how to return an item.

Once we have received the item(s), we will issue a Store Credit Gift Card if:

(a)   we receive the relevant item(s) within 30 days from the day you placed your order; and
(b)   the item is in its original condition, unworn, unwashed (including dry cleaning), with all labels, tickets and (to the extent possible) original packaging intact.

(i)   All footwear returns must include all tags and shoe bag in its original condition
(ii)   All swimwear returns must have hygiene liners still intact and hang tags attached.

The Store Credit Gift Card will be issued via email address used to place the order and will be valid for 6 months. 

 

  • Store Credit Gift Cards are issued in Australian Dollars converted from your local currency for the amount of the returned item’s total sale price only (does not include duties, taxes or shipping) and will be sent directly to your email address associated with your account.

  • Store Credit Gift Cards can be used in any region internationally. 

When redeeming a Store Credit Gift Card, the amount will be subject to an exchange rate conversion set by Global E. These rates are based on interbank rates of exchange and correspond with the average aggregate exchange rates that would otherwise be applied in an e-commerce transaction. 


6. Liability and Indemnity


6.1   Necessary Authority 

If you make purchases using the Website you acknowledge and warrant to One Teaspoon that:

6.1.1   you have the full capacity and authority to engage in the transactions you undertake;

6.1.2   you will be liable for all costs, fees, charges and other amounts which may become due to One Teaspoon as a result of the use of the Website;

6.1.3   you are properly authorised to provide One Teaspoon with any information which you provide to One Teaspoon and that you are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to One Teaspoon; and

6.1.4   all information you provide to One Teaspoon is true and complete to the best of your knowledge.

You must indemnify One Teaspoon upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by OneTeaspoon as a result of a breach of any of these warranties.


6.2  No Exclusion of Australian Consumer Law

One Teaspoon acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into these Online Shopping Terms and rights may be conferred upon you which cannot be excluded, restricted or modified. Nothing in these Online Shopping Terms, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.

6.3  Limitation of Liability

6.3.1   Without limiting any other provision of these Online Shopping Terms, OneTeaspoon's liability to you is limited, at OneTeaspoon's option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods.

6.3.2   You agree and acknowledge that OneTeaspoon accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature. You release and forever discharge OneTeaspoon from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.

6.3.3   OneTeaspoon accepts no liability for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by inaccurate or complete personal information provided by you when signing up to the OneTeaspoon website or ordering products from us.

6.3.4   Any liability we have to you for loss or damage of any kind arising out of these Online Shopping Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

 8. Definitions & interpretation

8.1   In the Terms of Use, unless expressed or implied to the contrary: 

  • Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). 

  • Copyright Act means the Copyright Act 1968 (Cth).

  • Delivery Fee means the fee charged for the delivery under clause 4 of the Online Shopping Terms. 

  • GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (Cth).

  • Personal information has the meaning given in the Privacy Act.

  • Privacy Act means the Privacy Act 1988 (Cth). 

  • OneTeaspoon means Pink Factory Pty Ltd, trading as OneTeaspoon (also referred to in these Terms of Use as 'we' and 'us'). 

  •  Terms of Use means our Website Terms, Online Shopping Terms, Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time. 

  • Website Material means any information, content or materials that are located on, form part of or are available through or in connection with the Website. 

  • Website means this website, located at the URL www.oneteaspoon.com.au. 

  • You and your are references to the person accessing or using this Website.

8.2   In these Terms of Use:

8.2.1   the word 'includes' in any form is not a word of limitation; and

8.2.2   unless expressed or implied to the contrary a reference in the Terms of Use to:

(a)   a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
(b)   a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
(c)   a person includes the legal personal representatives, successors and assigns of that person;
(d)   the singular includes the plural and vice versa; and a gender includes the other genders.

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